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Posts Categorized: Disability discrimination

Posted: April 21, 2020

Second Circuit Certifies Question to Court of Appeals: Can a Discrimination Claim Based on a “Failure to Accommodate” Constitute a Covered “Occurrence” Under a CGL Policy?

Posted by Bradley J. Nash, Litigation Partner On April 9, 2020, the Second Circuit issued a decision in Brooklyn Center of Psychotherapy, Inc. v. Philadelphia Indemnity Ins. Co., Docket No. 19-2266-cv, certifying the following question to the New York Court of Appeals:  Can a discrimination claim based on a “failure to accommodate” theory trigger coverage... Read more »

Posted: October 28, 2013

Disparate Treatment Claim Dismissed For Lack Of Nexus

In Forgione v. The City of New York, et al., 11 CV 5248 (E.D.N.Y. Oct. 17, 2013), Judge Gleeson granted summary judgment for the police department and two of its officials, dismissing disability discrimination claims brought by a police captain under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-101 et seq. ... Read more »